The lawyer of the Freeborn County jail administrator fired last year said he plans to file a federal lawsuit for his client within the next two weeks.

Richard Williams Jr. of St. Paul said there will be both federal and state claims in the lawsuit for his client, Marcellino Peña, against Freeborn County.

Peña is alleging the Freeborn County Sheriff’s Office violated his constitutional rights in the investigation against him and in his termination.

The investigation alleged former and current employees in the jail felt threatened, intimidated or sexually harassed by him.

As jail administrator, Peña oversaw the food service and medical contracts for the inmates and at one time oversaw more of the Immigration and Custom Enforcement contract in the jail. He started in Freeborn County in 2004 as a corrections officer.

In addition to allegations of harassment, several of the employees accused Peña of watching movies in his office while on the clock, gambling and campaigning while on duty, and directing other employees to complete his personal tasks — even helping him apply for new jobs.

Peña said in an interview at the Tribune last week that the Sheriff’s Office and Sheriff Bob Kindler violated his due process and constitutional rights during the investigation. When the allegations came forward, Peña said he requested an outside agency investigate, but that was denied.

He still has not been able to get even a redacted copy of the investigation, he said.

“If this would have happened I would have taken responsibility for it,” Peña said. “This situation and the dishonesty that has occurred in this investigation has cost me my livelihood and my reputation.”

He said he will seek damages from the county.

“Let’s go to court because I want this out in the open,” Peña said. “You’ve destroyed me. You’ve destroyed my career out there for no reason.”

Peña has already taken the case to the Minnesota Court of Appeals and the Equal Employment Opportunity Commission. The Court of Appeals upheld the county’s decision to fire him, but Williams said in an earlier interview that the ruling was not the same as a trial appeal. That court only had access to evidence provided by Freeborn County.

The Equal Employment Opportunity Commission on Dec. 17 issued Peña the right to take civil action.

Freeborn County Administrator John Kluever said it is county policy to not comment on any current or pending litigation.

Kindler declined to comment.